The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-28

which found in the George Brown specifca-
tons, which were earlier in point of time. After
ward it became necessary to put 8 certified copy
Of the original Bell specification in evidence as
an exhibit in the Dowd case and l put in this
pencil-marked. annoted and interlined copy.
without thinking to erase the pencil marks. The
compositor set it up, and it was printed exactly
in the shape in which it stood, pencil marks and
all, the pencled variations taken from the Geo.
Brown copy being put in brackets or otherwise
disposed Of according to the printers discretion.
document thus stands, in the record OF the
Oowd case, which has been incorporated in the
record of one of the other cases. therefore
made myself, and for my own convenience. the
changes, interlneations and interpretations in
this document. which have been used by counsel
on the other side to support the charge of fraud.
The original specifications file in the
Patent Office are the same which have always
been there. and, as your Honors will see from a
certified Photographic copy which now submit.
there are no changes or interlineations in them"
This announcement produced sensation In
the courtroom, and there was buzz of laughter
and comment which caused the assistant mar
shall to rap his gavel
Mr. Storrow then said that the clerk of the
United States Circuit Court for the district OF
Massachusetts was present with the original
document in question, and that he should ask
that officer to present 1t to this court proof Of
his statements, and to show that the interllnea-
tions were in pencil and in his Mr.. Storrow'sI
handwriting.
Mr.. Storrow was interrupted at this point by
the chief justice, who said that he thought all
this WAS inadmissible; that it was bringing into
this court something which did not appear in
the records, and that this court could not exam
inc witnesses nor hear evidence
MIR. Justice Bradley agreed with the view
taken by the Chief justice. and said that If coun
| sci for the Bell Company even a week ago, when
| this charge of fraud was brought, had made ap-
| plication to the court, some way might nave
been devised to bring up the issue in a proper
manner, but that it clearly irregular and
| improper to bring it Up in this way.
| Mr.. Storrow said he held in his hand stipu-
lation entered into by counsel for both sides,
| that if this court so desired. it might cali for
| and examine an- of the original documentsin the
court below, the original Bell specifications,
| to verify the accuracy Of alleged copies
The stipulation and accompanying letter were
| handed to the Chief-justice. who read them
aloud. This stipulation between counsel had been
entered into long before. and without any refer
ence to such an application of it as this, but it
| proved to be the thing needed at this critical
moment to enable the Bell counsel to get the
pencil interlined document, which was so inn
| portant part of their case, into the hands OF
| the court. The Chief Justice asked Mr.. Hill il
| he understood the stipulation as did Mr.. Storrow
Mr.. Hill replied that he did not. The justices.
| however, after a few moments consultation. de-
| cided that the stipulation was sufficient to au-
| thorize the court to call for tho document, and
the Chief Justice directed Mr.. Stetson, the gray
haired clerk of the Massachusetts Circuit Court,
| to present it. Amid profound silence Mr.. Stet-
son advanced. united a brown paper packet. and
| handed bulky document to Chief justice Waite.
AS it was being passed from one justice to an
other, Mr.. Storrow attempted to make further
explanation of it, but was stopped by the Chief
| justice who said that the court would examine
| and make comparisons for itself